THOKCHOM SUBOL SINGH Vs. DISTRICT MAGISTRATE IMPHAL WEST

JUDGEMENT

(1.) This is to dispose of W. P(Cril.) No. 58 of 2010 and W. P. (Cril.) No. 59, which have been filed challenging the preventative detention orders No. Cril./NSA/No. 27 of 2010 dated 25.03.2010 and No. Cril./NSA/No. 28 of 2010, dated 25.03.2010 passed by the District Magistrate, Imphal West, as against Shri Th. Subol Singh and his wife, Smt. Th. Indrani Devi, respectively under National Security Act, 1980. Both the detenus are found to have been detained purportedly with a view to prevent them from acting in any manner prejudicial to the maintenance of public order. Since common questions of laws and facts are involved in these two cases, they are proceeded and heard jointly.

(2.) We have heard Mr. Kh. Mani Singh, learned Counsel appearing on behalf of both the Petitioners-detenus, Mr. A. Modhuchandra, learned Addl. G.. appearing on behalf of the State Respondents and Mr. C. Kamal, learned CGSC appearing on behalf of the Respondent No. 3 in both the cases.

(3.) There is no dispute that both the detention orders have been approved and confirmed by the State Government vide orders dated 05.04.2010 and 11.05.2010 respectively. Both the Petitioners-detenus were in custody in connection with the investigation of FIR Case No. 102(3) 2010 IPS under Section 17/20 UA(P)A. Act at the relevantime of passing the impugned detention orders. Further, in respect of both the Petitioners-detenus, the District Magistrate, Imphal West, formed his subjective satisfaction on the basis of the police report that both of them were likely to be released on bail in the near future by the normal Criminal Courts as bails were granted in similar cases by the Criminal Courts. As per allegations made in the grounds of detention in respect of both the Petitioners-detenus, they frequently visited Manipur Central Jail, Sajiwa to meet Th. Nando, who had been in the jail in connection with the case for murder of one baby Lungnila Elizabeth and the said Nando Singh, who is an active member of KCP, utilized their services as courier among KCP members working under the command of the said Nando Singh. Further allegations are that the two detenus transported arms and ammunitions used by the KCP members from one place to another and that they gave shelter to KCP members. The detenu in WP (Cril.) No. 58 of 2010, namely, Th. Subol Singh, had been arrested in connection with FIR Case No. 203 (7) 2008 TBL PS, under Sections 19 UA(P)A. Act and FIR Case No. 258(9) 2008 TBL PS, under Sections 17/20 UA (P) A. Act. It is also alleged that the two detenus, in association with KCP female cadres, namely, Km. Salam Geeta Devi (a) Abe and Thoudam Nganbi Devi, collected money from general public and transported arms from one place to another.